SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 36.001 - Definitions
In this chapter: (1) "District" means any district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, that has...
- Texas Section 36.0015 - Purpose
(a) In this section, "best available science" means conclusions that are logically and reasonably derived using statistical or quantitative data, techniques, analyses, and studies that...
SUBCHAPTER B CREATION OF DISTRICT
- Texas Section 36.002 - Ownership Of Groundwater
(a) The legislature recognizes that a landowner owns the groundwater below the surface of the landowner's land as real property. (b) The groundwater ownership and...
- Texas Section 36.011 - Method Of Creating District
(a) A groundwater conservation district may be created under and subject to the authority, conditions, and restrictions of Section 59, Article XVI, Texas Constitution. (b)...
- Texas Section 36.012 - Composition Of District
(a) A district may include all or part of one or more counties, cities, districts, or other political subdivisions. (b) A district may not include...
- Texas Section 36.013 - Petition To Create District
(a) A petition requesting creation of a district must be filed with the commission for review and certification under Section 36.015. (b) The petition filed...
- Texas Section 36.014 - Notice And Public Meeting On District Creation
(a) If a petition is filed under Section 36.013, the commission shall give notice of the application and shall conduct a public meeting in a...
- Texas Section 36.015 - Commission Certification And Order
(a) Not later than the 90th day after the date the commission holds a public meeting on a petition under Section 36.014, the commission shall...
- Texas Section 36.0151 - Creation Of District For Priority Groundwater Management Area
(a) If the commission is required to create a district under Section 35.012(b), it shall, without an evidentiary hearing, issue an order creating the district...
- Texas Section 36.016 - Appointment Of Temporary Directors
(a) If the commission certifies a petition to create a district under Section 36.015, the commission shall appoint the temporary directors named in the petition....
- Texas Section 36.0161 - Method For Appointing Temporary Directors For District In Priority Groundwater Management Area
(a) If a district in a priority groundwater management area is: (1) contained within one county, the county commissioners court of that county shall appoint...
- Texas Section 36.017 - Confirmation And Directors' Election For District In A Management Area
(a) For a district created under Section 36.015, not later than the 120th day after the date all temporary directors have been appointed and have...
- Texas Section 36.0171 - Tax Authority And Directors' Election For District In A Priority Groundwater Management Area
(a) For a district created under Section 36.0151, not later than the 120th day after the date all temporary directors have been appointed and have...
- Texas Section 36.018 - Inclusion Of Municipality
(a) If part of the territory to be included in a district is located in a municipality, a separate voting district may not be established...
- Texas Section 36.019 - Confirmation Election In District Including Land In More Than One County
(a) A district, the major portion of which is located in one county, may not be organized to include land in another county unless the...
- Texas Section 36.020 - Bond And Tax Proposal
(a) At an election to create a district, the temporary directors may include a proposition for the issuance of bonds or notes, the levy of...
SUBCHAPTER C ADMINISTRATION
- Texas Section 36.021 - Notification Of County Clerk
Within 30 days following the creation of a district or any amendment to the boundaries of a district, the board of directors shall file with...
- Texas Section 36.051 - Board Of Directors
(a) The governing body of a district is the board of directors, which shall consist of not fewer than five and not more than 11...
- Texas Section 36.052 - Other Laws Not Applicable
(a) Other laws governing the administration or operations of districts created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, shall not...
- Texas Section 36.053 - Quorum
A majority of the membership of the board constitutes a quorum for any meeting, and a concurrence of a majority of the entire membership of...
- Texas Section 36.054 - Officers
(a) After a district is created and the directors have qualified, the board shall meet, elect a president, vice president, secretary, and any other officers...
- Texas Section 36.055 - Sworn Statement, Bond, And Oath Of Office
(a) As soon as practicable after a director is elected or appointed, that director shall make the sworn statement prescribed by the constitution for public...
- Texas Section 36.056 - General Manager
(a) The board may employ or contract with a person to perform such services as general manager for the district as the board may from...
- Texas Section 36.057 - Management Of District
(a) The board shall be responsible for the management of all the affairs of the district. The district shall employ or contract with all persons,...
- Texas Section 36.058 - Conflicts Of Interest
A director of a district is subject to the provisions of Chapters 171 and 176, Local Government Code, relating to the regulation of conflicts of...
- Texas Section 36.059 - General Elections
(a) All elections shall be generally conducted in accordance with the Election Code except as otherwise provided for by this chapter. Write-in candidacies for any...
- Texas Section 36.060 - Fees Of Office; Reimbursement
(a) A director is entitled to receive fees of office of not more than $250 a day for each day the director actually spends performing...
- Texas Section 36.061 - Policies
(a) Subject to the law governing the district, the board shall adopt the following in writing: (1) a code of ethics for district directors, officers,...
- Texas Section 36.062 - Offices And Meeting Places
(a) The board shall designate from time to time and maintain one or more regular offices for conducting the business of the district and maintaining...
- Texas Section 36.063 - Notice Of Meetings
(a) Except as provided by Subsections (b) and (c), notice of meetings of the board shall be given as set forth in the Open Meetings...
- Texas Section 36.064 - Meetings
(a) The board shall hold regular meetings at least quarterly. It may hold meetings at other times as required for the business of the district....
- Texas Section 36.065 - Records
(a) The board shall keep a complete account of all its meetings and proceedings and shall preserve its minutes, contracts, records, notices, accounts, receipts, and...
- Texas Section 36.066 - Suits
(a) A district may sue and be sued in the courts of this state in the name of the district by and through its board....
- Texas Section 36.067 - Contracts
(a) A district shall contract, and be contracted with, in the name of the district. (b) A district may purchase property from any other governmental...
SUBCHAPTER D POWERS AND DUTIES
- Texas Section 36.068 - Employee Benefits
(a) The board may provide for and administer retirement, disability, and death compensation funds for the employees of the district. (b) The board may establish...
- Texas Section 36.101 - Rulemaking Power
(a) A district may make and enforce rules, including rules limiting groundwater production based on tract size or the spacing of wells, to provide for...
- Texas Section 36.1011 - Emergency Rules
(a) A board may adopt an emergency rule without prior notice or hearing, or with an abbreviated notice and hearing, if the board: (1) finds...
- Texas Section 36.102 - Enforcement Of Rules
(a) A district may enforce this chapter and its rules against any person by injunction, mandatory injunction, or other appropriate remedy in a court of...
- Texas Section 36.103 - Improvements And Facilities
(a) A district may build, acquire, or obtain by any lawful means any property necessary for the district to carry out its purpose and the...
- Texas Section 36.104 - Purchase, Sale, Transportation, And Distribution Of Water
A district may purchase, sell, transport, and distribute surface water or groundwater. Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1,...
- Texas Section 36.105 - Eminent Domain
(a) A district may exercise the power of eminent domain to acquire by condemnation a fee simple or other interest in property if that property...
- Texas Section 36.106 - Surveys
A district may make surveys of the groundwater reservoir or subdivision and surveys of the facilities in order to determine the quantity of water available...
- Texas Section 36.107 - Research
A district may carry out any research projects deemed necessary by the board. Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept....
- Texas Section 36.1071 - Management Plan
(a) Following notice and hearing, the district shall, in coordination with surface water management entities on a regional basis, develop a management plan that addresses...
- Texas Section 36.1072 - Texas Water Development Board Review And Approval Of Management Plan
(a) In this section, "development board" means the Texas Water Development Board. (a-1) A district shall, not later than three years after the creation of...
- Texas Section 36.1073 - Amendment To Management Plan
Any amendment to the management plan shall be submitted to the executive administrator within 60 days following adoption of the amendment by the district's board....
- Texas Section 36.108 - Joint Planning In Management Area
(a) In this section: (1) "Development board" means the Texas Water Development Board. (2) "District representative" means the presiding officer or the presiding officer's designee...
- Texas Section 36.1081 - Technical Staff And Subcommittees For Joint Planning
(a) On request, the commission and the Texas Water Development Board shall make technical staff available to serve in a nonvoting advisory capacity to assist...
- Texas Section 36.1083 - Appeal Of Desired Future Conditions
(a) In this section: (1) "Affected person" has the meaning assigned by Section 36.1082. (2) "Development board" means the Texas Water Development Board. (3) "Office"...
- Texas Section 36.10835 - Judicial Appeal Of Desired Future Conditions
(a) A final district order issued under Section 36.1083 may be appealed to a district court with jurisdiction over any part of the territory of...
- Texas Section 36.1084 - Modeled Available Groundwater
(a) The Texas Water Development Board shall require the districts in a management area to submit to the executive administrator not later than the 60th...
- Texas Section 36.1085 - Management Plan Goals And Objectives
Each district in the management area shall ensure that its management plan contains goals and objectives consistent with achieving the desired future conditions of the...
- Texas Section 36.1086 - Joint Efforts By Districts In A Management Area
Districts located within the same management areas or in adjacent management areas may contract to jointly conduct studies or research, or to construct projects, under...
- Texas Section 36.109 - Collection Of Information
A district may collect any information the board deems necessary, including information regarding the use of groundwater, water conservation, and the practicability of recharging a...
- Texas Section 36.110 - Publication Of Plans And Information
A district may publish its plans and the information it develops, bring them to the attention of the users of groundwater in the district, and...
- Texas Section 36.111 - Records And Reports
(a) The district may require that records be kept and reports be made of the drilling, equipping, and completing of water wells and of the...
- Texas Section 36.112 - Drillers' Logs
A district shall require that accurate drillers' logs be kept of water wells and that copies of drillers' logs and electric logs be filed with...
- Texas Section 36.113 - Permits For Wells; Permit Amendments
(a) Except as provided by Section 36.117, a district shall require a permit for the drilling, equipping, operating, or completing of wells or for substantially...
- Texas Section 36.1131 - Elements Of Permit
(a) A permit issued by the district to the applicant under Section 36.113 shall state the terms and provisions prescribed by the district. (b) The...
- Texas Section 36.1132 - Permits Based On Modeled Available Groundwater
(a) A district, to the extent possible, shall issue permits up to the point that the total volume of exempt and permitted groundwater production will...
- Texas Section 36.114 - Permit; Permit Amendment; Application And Hearing
(a) The district by rule shall determine each activity regulated by the district for which a permit or permit amendment is required. (b) For each...
- Texas Section 36.1145 - Operating Permit Renewal
(a) Except as provided by Subsection (b), a district shall without a hearing renew or approve an application to renew an operating permit before the...
- Texas Section 36.1146 - Change In Operating Permits
(a) If the holder of an operating permit, in connection with the renewal of a permit or otherwise, requests a change that requires an amendment...
- Texas Section 36.115 - Drilling Or Altering Well Without Permit
(a) No person, firm, or corporation may drill a well without first obtaining a permit from the district. (b) No person, firm, or corporation may...
- Texas Section 36.116 - Regulation Of Spacing And Production
(a) In order to minimize as far as practicable the drawdown of the water table or the reduction of artesian pressure, to control subsidence, to...
- Texas Section 36.117 - Exemptions; Exception; Limitations
(a) A district by rule may provide an exemption from the district's requirement to obtain any permit required by this chapter or the district's rules....
- Texas Section 36.118 - Open Or Uncovered Wells
(a) A district may require the owner or lessee of land on which an open or uncovered well is located to keep the well permanently...
- Texas Section 36.119 - Illegal Drilling And Operation Of Well; Citizen Suit
(a) Drilling or operating a well or wells without a required permit or producing groundwater in violation of a district rule adopted under Section 36.116(a)(2)...
- Texas Section 36.120 - Information
On request of the executive director or the executive administrator, the district shall make available information that it acquires concerning the groundwater resources within its...
- Texas Section 36.121 - Limitation On Rulemaking Power Of Districts Over Wells In Certain Counties
Except as provided by Section 36.117, a district that is created under this chapter on or after September 1, 1991, shall exempt from regulation under...
- Texas Section 36.122 - Transfer Of Groundwater Out Of District
(a) If an application for a permit or an amendment to a permit under Section 36.113 proposes the transfer of groundwater outside of a district's...
- Texas Section 36.123 - Right To Enter Land
(a) The directors, engineers, attorneys, agents, operators, and employees of a district or water supply corporation may go on any land to inspect, make surveys,...
- Texas Section 36.124 - District Act Or Proceeding Presumed Valid
(a) A governmental act or proceeding of a district is conclusively presumed, as of the date it occurred, valid and to have occurred in accordance...
SUBCHAPTER E DISTRICT FINANCES
- Texas Section 36.125 - Edwards Aquifer Authority
(a) Except as provided by Subsection (b), this subchapter does not apply to the Edwards Aquifer Authority. (b) Sections 36.102 and 36.118 apply to the...
- Texas Section 36.151 - Expenditures
(a) A district's money may be disbursed only by check, draft, order, or other instrument. (b) Disbursements shall be signed by at least two directors,...
- Texas Section 36.152 - Fiscal Year
(a) The district shall be operated on the basis of a fiscal year established by the board. (b) The fiscal year may not be changed...
- Texas Section 36.153 - Annual Audit
(a) Annually and subject to Subsection (c), the board shall have an audit made of the financial condition of the district. The district audit shall...
- Texas Section 36.154 - Annual Budget
(a) The board shall prepare and approve an annual budget. (b) The budget shall contain a complete financial statement, including a statement of: (1) the...
- Texas Section 36.155 - Depository
(a) The board shall name one or more banks to serve as depository for the district funds. (b) District funds, other than those transmitted to...
- Texas Section 36.156 - Investments
(a) Funds of the district may be invested and reinvested in accordance with the provisions of the Public Funds Investment Act, Chapter 2256, Government Code....
- Texas Section 36.1561 - Investment Officer
(a) Notwithstanding Section 2256.005(f), Government Code, the board may contract with a person to act as investment officer of the district. (b) The investment officer...
- Texas Section 36.157 - Repayment Of Organizational Expenses
(a) A district, or the county or counties where the district is to be located, may pay all costs and expenses necessarily incurred in the...
- Texas Section 36.158 - Grants
A district may make or accept grants, gratuities, advances, or loans in any form to or from any source approved by the board, including any...
- Texas Section 36.159 - Groundwater Conservation District Management Plan Funds
The Texas Water Development Board may allocate funds from the water assistance fund to a district to: (1) conduct initial data collections under this chapter;...
- Texas Section 36.160 - Funds
The Texas Water Development Board, the commission, the Parks and Wildlife Department, the Texas Agricultural Extension Service, and institutions of higher education may allocate funds...
SUBCHAPTER F BONDS AND NOTES
- Texas Section 36.161 - Eligibility For Funding
(a) The Texas Water Development Board may provide funds under Sections 36.159 and 36.160, Chapters 15, 16, and 17, and Subchapter L of this chapter...
- Texas Section 36.171 - Issuance Of Bonds And Notes
(a) The board may issue and sell bonds and notes in the name of the district for any lawful purpose of the district. A district...
- Texas Section 36.172 - Manner Of Repayment Of Bonds And Notes
The board may provide for the payment of principal of and interest on the bonds and notes in any one of the following manners: (1)...
- Texas Section 36.173 - Additional Security For Bonds And Notes
(a) The bonds and notes may be additionally secured by a deed of trust or mortgage lien on part or all of the physical properties...
- Texas Section 36.174 - Form Of Bonds Or Notes
(a) A district may issue its bonds or notes in various series or issues. (b) Bonds or notes may mature serially or otherwise not more...
- Texas Section 36.175 - Provisions Of Bonds And Notes
(a) In the orders or resolutions authorizing the issuance of bonds or notes, including refunding bonds, the board may provide for the flow of funds,...
- Texas Section 36.176 - Refunding Bonds
(a) A district may issue bonds to refund all or any part of its outstanding bonds or notes, including matured but unpaid interest coupons. (b)...
- Texas Section 36.177 - Bonds And Notes As Investments
District bonds and notes are legal and authorized investments for: (1) banks; (2) savings banks; (3) trust companies; (4) savings and loan associations; (5) insurance...
- Texas Section 36.178 - Bonds And Notes As Security For Deposits
District bonds and notes are eligible to secure deposits of public funds of the state and cities, counties, school districts, and other political subdivisions of...
- Texas Section 36.179 - Tax Status Of Bonds And Notes
Since a district governed by this chapter is a public entity performing an essential public function, bonds and notes issued by the district, any transaction...
- Texas Section 36.180 - Election
(a) Bonds or notes secured in whole or in part by taxes may not be issued by the district until authorized by a majority vote...
SUBCHAPTER G DISTRICT REVENUES
- Texas Section 36.181 - Approval By Attorney General; Registration By Comptroller
(a) Bonds and notes issued by a district must be submitted to the attorney general for examination. (b) If the attorney general finds that the...
- Texas Section 36.201 - Levy Of Taxes
(a) The board may annually levy taxes to pay the bonds issued by the district that are payable in whole or in part by taxes....
- Texas Section 36.202 - Board Authority
(a) The board may levy taxes for the entire year in which the district is created. (b) If territory is added to or annexed by...
- Texas Section 36.203 - Tax Rate
In setting the tax rate, the board shall take into consideration the income of the district from sources other than taxation. On determination of the...
- Texas Section 36.204 - Tax Appraisal, Assessment And Collection
(a) The Tax Code governs the appraisal, assessment, and collection of district taxes. (b) The board may provide for the appointment of a tax assessor-collector...
- Texas Section 36.205 - Authority To Set Fees
(a) A district may set fees for administrative acts of the district, such as filing applications. Fees set by a district may not unreasonably exceed...
- Texas Section 36.206 - District Fees
(a) A temporary board may set fees authorized by this chapter to pay for the creation and initial operation of a district, until such time...
SUBCHAPTER H JUDICIAL REVIEW
- Texas Section 36.207 - Use Of Fees
A district may use funds obtained from administrative, production, or export fees collected under a special law governing the district or this chapter for any...
- Texas Section 36.251 - Suit Against District
(a) A person, firm, corporation, or association of persons affected by and dissatisfied with any rule or order made by a district, including an appeal...
- Texas Section 36.252 - Suit To Be Expedited
A suit brought under this subchapter shall be advanced for trial and determined as expeditiously as possible. No postponement or continuance shall be granted except...
- Texas Section 36.253 - Trial Of Suit
The burden of proof is on the petitioner, and the challenged law, rule, order, or act shall be deemed prima facie valid. The review on...
SUBCHAPTER I PERFORMANCE REVIEW AND DISSOLUTION
- Texas Section 36.254 - Subchapter Cumulative
The provisions of this subchapter do not affect other legal or equitable remedies that may be available. Added by Acts 1995, 74th Leg., ch. 933,...
- Texas Section 36.301 - Failure To Submit A Management Plan
If a district fails to submit a management plan or to receive approval of its management plan under Section 36.1072, or fails to submit or...
- Texas Section 36.3011 - Commission Inquiry And Action Regarding District Duties
(a) In this section, "affected person" means, with respect to a management area: (1) an owner of land in the management area; (2) a groundwater...
- Texas Section 36.302 - Legislative Audit Review; Determination Of Whether District Is Operational
(a) A district is subject to review by the state auditor under the direction of the legislative audit committee pursuant to Chapter 321, Government Code....
- Texas Section 36.303 - Action By Commission
(a) If Section 36.301, 36.3011, or 36.302(f) applies, the commission, after notice and hearing in accordance with Chapter 2001, Government Code, shall take action the...
- Texas Section 36.3035 - Appointment Of A Receiver
(a) If the attorney general brings a suit for the appointment of a receiver for a district, a district court shall appoint a receiver if...
- Texas Section 36.304 - Dissolution Of District
(a) The commission may dissolve a district that has no outstanding bonded indebtedness. (b) A district composed of territory entirely within one county may be...
- Texas Section 36.305 - Notice Of Hearing For Dissolution Of Board Or District
(a) The commission shall give notice of the hearing for dissolution of a district or of a board which briefly describes the reasons for the...
- Texas Section 36.306 - Investigation
The executive director shall investigate the facts and circumstances of any violations of any rule or order of the commission or any provisions of this...
- Texas Section 36.307 - Order Of Dissolution Of Board
If the commission enters an order to dissolve the board, the commission shall notify the county commissioners court of each county which contains territory in...
- Texas Section 36.308 - Certified Copy Of Order
The commission shall file a certified copy of the order of dissolution of the district in the deed records of the county or counties in...
- Texas Section 36.309 - Appeals
Appeals from any commission order shall be filed and heard in the district court of any of the counties in which the land is located....
SUBCHAPTER J ADDING TERRITORY TO DISTRICT
- Texas Section 36.310 - Assets Escheat
Upon the dissolution of a district by the commission, all assets of the district shall be sold at public auction and the proceeds given to...
- Texas Section 36.321 - Adding Land By Petition Of Landowner
Subject to Section 36.331, the owner of land not already in a district may file with the board a notarized petition requesting that the owner's...
- Texas Section 36.322 - Assumption Of Bonds
If the district has bonds, notes, or other obligations outstanding or bonds payable in whole or in part from taxation that have been voted but...
- Texas Section 36.323 - Hearing And Determination Of Petition
(a) The board shall hear and consider the petition and may add to the district the land described in the petition if it is considered...
- Texas Section 36.324 - Recording Petition
A petition that is granted which adds land to the district shall be recorded in the office of the county clerk of the county or...
- Texas Section 36.325 - Adding Certain Territory By Petition
(a) Landowners of a defined area of territory not already in a district may file with any district a petition requesting inclusion in that district...
- Texas Section 36.326 - Hearing On Petition
The board by order shall set the time and place of separate hearings on the petition to include the territory in the district. At least...
- Texas Section 36.327 - Resolution To Add Territory
If the board finds after the hearing on the petition that the addition of the land would benefit the district and the territory to be...
- Texas Section 36.328 - Election To Ratify Annexation Of Land
(a) Annexation of the territory by petition filed under Section 36.325 is not final until ratified by a majority vote of the voters in the...
- Texas Section 36.329 - Notice And Procedure Of Election
The notice of the election, the manner and the time of giving the notice, the manner of holding the election, and qualifications of the voters...
- Texas Section 36.330 - Liability Of Added Territory
The added territory shall bear its pro rata share of indebtedness or taxes that may be owed, contracted, or authorized by the district to which...
SUBCHAPTER K CONSOLIDATION OF DISTRICTS
- Texas Section 36.331 - Annexation Of Noncontiguous Territory
Land not contiguous to the existing boundaries of a district may not be added to or annexed to a district unless the land is located...
- Texas Section 36.351 - Consolidation Of Districts
(a) Two or more districts may consolidate into one district. To initiate a consolidation, the board of a district shall adopt a resolution proposing a...
- Texas Section 36.352 - Terms And Conditions Of Consolidation
(a) The terms and conditions for consolidation shall include: (1) adoption of a name for the district; (2) the number and apportionment of directors to...
- Texas Section 36.353 - Notice And Hearing On Consolidation
(a) Each board shall publish notice and hold a public hearing within that district on the terms and conditions for consolidation of the districts. (b)...
- Texas Section 36.354 - Elections To Approve Consolidation
(a) An election to ratify the consolidation is required in each district that initiates consolidation. An election is not required in a district that does...
- Texas Section 36.355 - Governing Consolidated Districts
(a) After two or more districts are consolidated, they become one district and are governed as one district. (b) During the transition period, the officers...
- Texas Section 36.356 - Debts Of Original Districts
(a) After two or more districts are consolidated, the consolidated district shall protect the debts of the original districts and shall assure that the debts...
- Texas Section 36.357 - Assessment And Collection Of Taxes
If the consolidated district has taxing authority, the district shall assess and collect taxes on property on all property in the district for maintenance and...
- Texas Section 36.358 - Voted But Unissued Bonds
If either district has voted but unissued bonds payable in whole or in part from taxation assumed by the consolidated district, the consolidated district may...
SUBCHAPTER L GROUNDWATER CONSERVATION DISTRICT LOAN ASSISTANCE FUND
- Texas Section 36.359 - Filing Of Order With County Clerk And Executive Director
A consolidation order issued by the board shall be kept in the records of the consolidated district, recorded in the office of the county clerk...
- Texas Section 36.3705 - Definition
In this subchapter, "applicant" means a newly confirmed district applying for a loan from the loan fund. Added by Acts 2005, 79th Leg., Ch. 970...
- Texas Section 36.371 - Groundwater Conservation District Loan Assistance Fund
(a) The groundwater conservation district loan assistance fund is created, to be funded by direct appropriation and by the Texas Water Development Board from the...
- Texas Section 36.372 - Financial Assistance
(a) The loan fund may be used by the Texas Water Development Board to provide loans to newly confirmed districts and legislatively created districts that...
- Texas Section 36.373 - Application For Assistance
(a) In an application to the Texas Water Development Board for financial assistance from the loan fund, the applicant shall include: (1) the name of...
SUBCHAPTER M PERMIT AND PERMIT AMENDMENT APPLICATIONS;
- Texas Section 36.374 - Approval Of Application
The Texas Water Development Board, by resolution, may approve an application if it finds that: (1) granting financial assistance to the applicant will serve the...
- Texas Section 36.401 - Definition
In this subchapter, "applicant" means a person who is applying for a permit or a permit amendment. Added by Acts 2005, 79th Leg., Ch. 970...
- Texas Section 36.402 - Applicability
Except as provided by Section 36.416, this subchapter applies to the notice and hearing process used by a district for permit and permit amendment applications...
- Texas Section 36.403 - Scheduling Of Public Hearing
(a) The general manager or board may schedule a public hearing on permit or permit amendment applications received by the district as necessary, as provided...
- Texas Section 36.404 - Notice
(a) If the general manager or board schedules a public hearing on an application for a permit or permit amendment, the general manager or board...
- Texas Section 36.405 - Hearing Registration
The district may require each person who participates in a public hearing to submit a hearing registration form stating: (1) the person's name; (2) the...
- Texas Section 36.4051 - Board Action; Contested Case Hearing Requests; Preliminary Hearing
(a) The board may take action on any uncontested application at a properly noticed public meeting held at any time after the public hearing at...
- Texas Section 36.406 - Hearing Procedures
(a) A hearing must be conducted by: (1) a quorum of the board; (2) an individual to whom the board has delegated in writing the...
- Texas Section 36.407 - Evidence
(a) The presiding officer shall admit evidence that is relevant to an issue at the hearing. (b) The presiding officer may exclude evidence that is...
- Texas Section 36.408 - Recording
(a) Except as provided by Subsection (b), the presiding officer shall prepare and keep a record of each hearing in the form of an audio...
- Texas Section 36.409 - Continuance
The presiding officer may continue a hearing from time to time and from place to place without providing notice under Section 36.404. If the presiding...
- Texas Section 36.410 - Proposal For Decision
(a) Except as provided by Subsection (e), the presiding officer shall submit a proposal for decision to the board not later than the 30th day...
- Texas Section 36.411 - Board Action
The board shall act on a permit or permit amendment application not later than the 60th day after the date the final hearing on the...
- Texas Section 36.412 - Request For Rehearing Or Findings And Conclusions
(a) An applicant in a contested or uncontested hearing on an application or a party to a contested hearing may administratively appeal a decision of...
- Texas Section 36.413 - Decision; When Final
(a) A decision by the board on a permit or permit amendment application is final: (1) if a request for rehearing is not filed on...
- Texas Section 36.414 - Consolidated Hearing On Applications
(a) Except as provided by Subsection (b), a district shall process applications from a single applicant under consolidated notice and hearing procedures on written request...
- Texas Section 36.415 - Rules; Additional Procedures
(a) A district by rule shall adopt procedural rules to implement this subchapter and may adopt notice and hearing procedures in addition to those provided...
- Texas Section 36.416 - Hearings Conducted By State Office Of Administrative Hearings; Rules
(a) If a district contracts with the State Office of Administrative Hearings to conduct a hearing, the hearing shall be conducted as provided by Subchapters...
- Texas Section 36.4165 - Final Decision; Contested Case Hearings
(a) In a proceeding for a permit application or amendment in which a district has contracted with the State Office of Administrative Hearings for a...
- Texas Section 36.417 - Rules; Alternative Dispute Resolution
A district by rule may develop and use alternative dispute resolution procedures in the manner provided for governmental bodies under Chapter 2009, Government Code. Added...
- Texas Section 36.418 - Rules; Contested Case Hearings; Applicability Of Administrative Procedure Act
(a) A district may adopt rules establishing procedures for contested hearings consistent with Subchapters C, D, and F, Chapter 2001, Government Code, including the authority...
SUBCHAPTER N AQUIFER STORAGE AND RECOVERY PROJECTS
- Texas Section 36.419 - Edwards Aquifer Authority
(a) Except as provided by Subsection (b), this subchapter does not apply to the Edwards Aquifer Authority. (b) Sections 36.412 and 36.413 apply to the...
- Texas Section 36.451 - Definitions
In this subchapter, "aquifer storage and recovery project," "ASR injection well," "ASR recovery well," and "project operator" have the meanings assigned by Section 27.151. Added...
- Texas Section 36.452 - Applicability To Recovery Wells That Also Function As Injection Wells
Notwithstanding Section 27.152, this subchapter applies to an ASR recovery well that also functions as an ASR injection well. Added by Acts 2015, 84th Leg.,...
- Texas Section 36.453 - Registration And Reporting Of Wells
(a) A project operator shall: (1) register the ASR injection wells and ASR recovery wells associated with the aquifer storage and recovery project with any...
- Texas Section 36.454 - Permitting, Spacing, And Production Requirements
(a) Except as provided by Subsection (b), a district may not require a permit for the drilling, equipping, operation, or completion of an ASR injection...
- Texas Section 36.455 - Fees And Surcharges
(a) A district may not assess a production fee or a transportation or export fee or surcharge for groundwater recovered from an ASR recovery well,...
- Texas Section 36.456 - Desired Future Conditions
A district may consider hydrogeologic conditions related to the injection and recovery of groundwater as part of an aquifer storage and recovery project in the...
- Texas Section 36.457 - Other Laws Not Affected
This subchapter does not affect the ability to regulate groundwater as authorized under: (1) Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, for...